Erobobo: NY Judge rules ownership of note is burden of the banks. Not standing but rather capacity to sue without injury.

SEC Orders Credit Suisse to disgorge illegal profits back to investors. Principal balances of borrowers may be reduced. Defaults might not exist because notices contain demands that include money held by banks that should have been paid to investors.

But these decisions are so interrelated and their effect so far-reaching that it seems to me that if you read only one of them you might head off in the wrong direction. Pay careful attention to the Court’s admonition in Erobobo that these defenses can be waived unless timely raised. Use the logic of these decisions and you will find more and more judges listening with increasing care. The turning point is arriving and foreclosures — past, present and future — might finally get the review and remedies that are required in a nation of laws.

Courts and SEC Drilling Down on Reality of BANK Fraud.

The effects will be far-reaching. The complexity of the false securitization scam was intended to shield Wall Street from continuing its endless pattern of conduct of fraud, misdeeds, perjury and other crimes and other acts of contempt for the courts. The result was that the entire finance system and the economies of the world were turned upside down. Now we are going to see them turn right-side up.

It has taken years, but the SEC and the Courts are now unraveling the mysteries behind the secret curtains of the scam of securitization, which turns out to be nothing more than a cover for a giant PONZI scheme that fell apart as soon as investors stopped buying mortgage bonds. That is the hallmark of PONZI schemes — using the new investor money to pay the expected returns to the older investors.

If it was a legitimate business plan, the failure of the investors to buy more mortgage bonds would have no effect on the rest of the system. Each bond, each mortgage would have either succeeded or failed on its own merit. But that is not what happened.

As can be seen by the decisions noted below, Wall Street defrauded investors on many levels, defrauded the government, and defrauded the borrowers on mortgages they knew with certainty would never survive even a few months.

In confidential deals, the banks entered into agreements to be compensated for the failure of the mortgage bonds and defaulting loans and then simply lied to regulators, investors and borrowers — and kept the money for themselves instead of turning over the money to the investors who were going to lose more money than they had ever dreamed on “triple A” rated “insured” and “hedged” (credit default swaps).

The SEC is now ordering Credit Suisse (and soon others) to disgorge $60 million that clearly should have been paid to investors and thus reduced the accounts receivable of investors. A much better educated SEC and much better educated Judges are peeking behind the curtains and they don’t like what they see. These decisions are, in my opinion, the precursors of a wave of decisions that overturns the entire foreclosure tragedy.

The bottom line is that investors funded the mortgages (plus a lot of fees and “proprietary trading profits” that were hidden from the investors and indeed the world), the banks stole the money, the accounts due to the investors is much lower than what is alleged in foreclosure actions, and none of the foreclosers have any right to be in court because (a) they have no capacity to sue in the absence of financial injury caused by the borrower and (b) they are relying on assignments that in the eyes of the law never happened. They not only didn’t lose money, they made more money than most people imagined. Now they are being ordered to pay back the money they promised to investors whose losses will be correspondingly reduced.

How this will be apportioned to the principal balance supposedly due from borrowers has yet to be determined. But it is clear that the receivable from the only real lender is being reduced by the amount of money received by the intermediaries in the securitization chain — in deals that were intended to defraud investors on two levels — not giving the money that the investors should have received and withholding disclosure about the actual quality of the loans.

The reduction in loss or accounts receivable of the investors should proportionately reduce the amount due from borrowers, which means that most foreclosures were based upon a number of false premises: a balance due, a default by borrowers, and the right to submit a false credit bid at auction from a non-creditor on a “foreclosure” that should never have occurred in the first place. Ownership of the note can only be proven if the would-be forecloser received the actual note (not a photo-shopped “original”) in a transaction in which it paid money pursuant to the actual authority to enter into the transaction. That is three elements: the real note, real ownership of the note and real authority to enter into the transaction by which the loans were allegedly assigned years after the cut-off date. The authority for this position is (a) New York Law, (b) the Internal revenue Code, (c) constitutional requirements of due process, (d) the UCC requiring an instrument to be “negotiated rather than just delivered (meaning payment was involved) and (e) common sense, to wit: lenders are entitled to be repaid but only once.

It has been argued here that the REMICs were ignored and that therefore they could not possibly be in the ownership chain of the note and mortgage. We have also argued that the originator of the mortgage has originated nothing if they didn’t pay anything.

With the help of the SEC and the these two court decisions we can see that there are many reasons why the REMIC could not be the owner of the loan and that no party in the securitization chain could be secured unless we invent a new entity in which all the parties in the securitization chain are rolled into one entity.

In the absence of such an entity or the lawful ability to create one retroactively we are left with an unsecured debt — the amount of which runs the gamut from the banks owing the borrower money to the substantial reduction of the principal due after credit is given for the ill-gotten gains stolen by the banks from the investors. Given these facts, there is no legal justification for even contemplating the purported existence of a default by the borrower since the amount due, and the amount of the required payment are both unknown without an accounting from ALL parties in the securitization chain.

If the cut-off date and the Internal Revenue Code and the Pooling and Servicing Agreement all state that any transaction assigning a loan after the cut-off date is not allowed, then the assignment is void. Add to that New York law that expressly states that the transaction is void, not voidable, (see below) which means that legally it never happened. Without a valid assignment, there can be no foreclosure. Add to that the lack of any consideration, and you have a dead shark on your hands —something that struck fear into the hearts of homeowners, governments, and investors but is now lying, gasping for breath, as the finale nears.

There is nothing left to hide because the doors are all open. It will still take years to unravel the financial mess, but now we have a chance to change policy and direct relief to where it belonged all along — to the investors who supplied the money and the homeowners who were duped into crazy, exotic mortgages that hid the real objective: foreclosure.

REQUIRED READING: Read Carefully and Take Notes

“Plaintiff’s ownership of the note is not an issue of standing but an element of its cause of action which it must plead and prove.(e.s.) …

… dismissal on a pre answer motion by the defendant and are waived if not raised in a timely manner.” (e.s.) Wells Fargo v Saitta 4/29/13 Slip Op 50675

In fact, the identity of the owner of the note and mortgage is information that is often in the exclusive possession of the party seeking to foreclose. Mortgages are routinely transferred through MERS, without being recorded. (e.s.) The notes underlying the mortgages, as negotiable instruments, are negotiated by mere delivery without a recorded assignment or notice to the borrower. A defendant has no method to reliably ascertain who in fact owns the note, within the narrow time frame allotted to file an answer.In light of these facts and the fact that Defendant contested the factual allegations asserted in Plaintiff’s pleading, Defendant’s general denial is sufficient to contest whether Plaintiff owns the note and mortgage.”

4th paragraph, page 11

“Since the trustee acquired the subject note and mortgage after the closing date, the trustee’s act in acquiring them exceeded its authority and violated the terms of the trust.The acquisition of a mortgage after 90 days is not a mere technicality but a material violation of the trust’s terms, which jeopardizes the trust’s REMIC status.”

This SEC decision is one that deserves several readings. It essentially condenses 6 years of teaching on this blog into one decision, although they have still not quite drilled down all the way on the money trail. But they have drilled down far enough to discover that the banks made settlements on buy-backs, kept the money and didn’t give to the investors because (1) they wanted to keep it for themselves and (2) the huge number of early defaults would have led the investors to question whether industry standards were being followed in the underwriting of these loans. Had that happened, the well would have dried and nobody would be buying mortgage bonds because they would be revealed as PONZI certificates.

Even if you have been following this blog for years, as I know many of you have done, reading this decision from the SEC will bring it all together as to who , what, where, why and when. Anyone who takes another step in litigation without reading this is stepping into the darkness.

—————————————————————

Next Case: Saldivar

And then there is this: the assignment is void, not voidable and therefore the banks can’t attack the ability of the homeowner to attack the assignment since they are arguing that the assignment never really took place. It puts the burden of proof back on to the banks, where it belongs — a burden they cannot sustain because they cannot prove anything that would give traction to their position of keeping the money, taking the houses, taking the insurance taking the credit default swap proceeds, and taking the federal bailouts, all without giving an accounting other than the subservicer’s partial snapshot consisting of accounting records reflecting ONLY transactions with the borrower, neither proving nor offering to prove the validity or existence of the assignment. What you have essentially is what I have said a few times before on this blog — offer, without acceptance or the right to accept and no consideration.

This decision is important because of the reasoning, the logic and most importantly the application of New York law. Virtually all the REMIC trusts were common law trusts formed under New York law for a lot of reasons. So this decision is extremely important as persuasive authority in its finding that if the REMIC is closed, there is nothing to make the assignment TO after the close-out date, which as the Judge points out is the start of business for the trust.

He reasons that if the assignment after the close out date could be ratified then it is voidable and not void. If it is voidable then the homeowner has no standing to challenge the validity of the assignment. But, the Judge says if the assignment was void ab initio then there is nothing to ratify because the event never happened. If the event never happened then the homeowner does have standing to challenge the validity if the assignment. Essentially the homeowners saying that he denies there was any assignment. If there was no assignment then any action by the assignee is without any right, justification or excuse.

It is potentially standing which is jurisdictional to be sure but it is in personam jurisdiction now instead of subject matter jurisdiction — or perhaps both.

As pointed out above, the capacity to sue involves the basic elements of any lawsuits for money or equitable relief based upon a money debt: (1) duty, (2) breach of duty, (3) injury and (4) causation — the injury was caused by the borrower. As pointed out by these cases, NONE of the required elements are present and therefore, there is no capacity to sue. Capacity to sue is close to the issue of standing but it isn’t the same thing. While standing involves jurisdictional issues over the parties, capacity to sue involves jurisdictional issues over the subject matter. There is no subject matter jurisdiction unless the foreclosing party can make a case for stating the four elements of any lawsuit.

The keys here are the Judge’s citation to two things. First that the law of New York says it is void and the court must use the laws of the state of New York — a position mercilessly pounded into the courts by the banks. Now that position is blowing up in their faces. Second, he points out that under the Internal Revenue Code contains huge penalties and negative economic consequences if the REMIC was still accepting assignments after the cut- off date. Thus the Judge used reason, logic, New York law, and the negative effect imposed by the IRC if the REMIC provisions were violated. We might also add that the PSA contained the same restrictions. He concludes that the assignment 3 years after the cutoff was void, not void able and that it was void ab initio which means that there was no effective assignment despite the fabrication of a piece of paper.

This puts Deutsch and others who have stated they are the trustee for the REMIC in a no-win position. To the extent they have corroborated the assignment they have delivered an economic blow to the investors in the REMIC — and are now subjected to potential liability in the trillions of dollars. If they have not tried to back up the assertions of those bringing foreclosure then they clearly won’t do it now. And it explains why no actual signature for an actual Deutsch officer or employee is on any document used in bringing the foreclosure.

The further interesting point is that this is the fire in the brush that flushes the investors out. They must corroborate what we have been saying — that their agents violated the restrictions of the pooling and servicing agreement and that they, the investors, cannot be held to be bound to the ultra vires actions of their agents. And it raises the question of what else did these intermediaries do that violated the terms of the investment in mortgage bonds? It raises, most importantly, the question of WHY they violated the terms of the PSA and prospectus.

The only rational answer is MONEY — like the insurance and CDS proceeds. But beyond that and tantalizingly raised in this decision is — if the investors gave up money and it wasn’t through the REMIC — then you have two choices, to wit: either they invested in nothing or, as I have repeatedly stated on the blog and in my expert testimony, they became involuntary common law partners in a common law general partnership.

This raises issues that Wall Street wants to stay very far from. All their authority comes from a PSA that is now revealed to have been violated resulting in the inescapable conclusion, using the logic from this Texas bankruptcy judge, that Wall Street has no power over these transactions — including servicing loans. This means we can insist on the identity of the investors and that the ONLY people to go to for HAMP are the investors or some new authorized agent. But remember that in a true common law general partnership with no documentation there are some real knotty problems as to how investors could hire a Servicer without 100% of the holders of what might indivisible interests in loans, insurance proceeds and credit default swaps bought with money from the investors.

Jan van Eck, on June 11, 2013 at 9:31 pm said:
to Jennin of Georgia:
You astutely commented:
“On 10 June at 5:59 pm., …..which is several hundred posts of rubble ago, you inquired as to why “your loan” would be recorded as “Paid in Full”….Answer, you should be aware that you are dealing with most nefarious “banks,” whose behavior is grimy. Particularly, “Credit Suisse” [which is amalgamated with First Boston Corp. to become Credit Suisse First Boston, or CSFB] …
..“an international predator bank” and “whose conduct shocks the conscience of this Court.” ….responsively, the court whacked CSFB for $232 Million through the process known as “equitable subordination.”

In conclusion….Maybe you or Mr. Garfiled can weigh in on the impact of lien priority as it relates to standing in a federal court…including bankruptcy.

Securitization haters have gone giddy or berserk with the news of the Glaski, Erobobo, and Saldivar opinions denouncing foreclosure on the basis of broken chain of assignment of the note. Courts have said assignment into the securitization trust did not occur because it missed the cutoff date prescribed in the Pooling and Servicing Agreement (PSA).

Someone do a securitization audit, QUICK!

Securitization audit scammers absolutely LOVE this news because now they can more easily con foreclosure victims into wasting hard-earned money on overpriced and useless securitization audits.

My comments below show why the subject opinions constitute nothing more than red herrings. I also show the only way to WIN against the banks in a foreclosure situation.

For reference, see these opinions from Texas, California, and New York:

Actually, I believe in the ideal of a clean and tight chain of owners of beneficial interest (OOBIs) in the note. But, we don’t live in an ideal world. To wit:

Often the loan originator has become bankrupt and no longer exists.

And then the buyer of the originator’s assets and liabilities has no ability to testify as to the cleanliness of the origination.

Let us not forget that the REASON to examine the mortgage and related documents inheres in the reality that lenders and their agents have cheated 9 out of 10 single family home mortgagors, rendering the note void or voidable, and thereby undoing the mortgage.

Someone do a mortgage examination, QUICK!

And then there’s the philosophic question of how anybody could track the chain of OOBIs for a note indorsed in blank which anybody holding it can enforce.

And even if someone can properly track that OOBI chain throughout the life of the note, OOBIs in the chain might have violated myriad laws and contracts (starting with the note itself) in the process of transferring ownership.

In fact, some OOBIs might have stolen the note or found it “in a ditch” the way I found some things as an unruly teen scofflaw. Oh, wobbly woes.

UCC to the Rescue

You see, folks, the UCC in Article III Part 3 makes short shrift of many of these concerns by allowing enforceability of the note in spite of OOBI-related confusion. Right. Read this (from the Florida Statutes UCC) and weep, Glaski, Erobobo, and Saldivar:

673.3011 Person entitled to enforce instrument.—The term “person entitled to enforce” an instrument means:
(1) The holder of the instrument;
(2) A nonholder in possession of the instrument who has the rights of a holder; or
(3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to s.673.3091 or s. 673.4181(4).

A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

You see, while I have used the term OOBI for simplicity, the UCC uses the term “HOLDER” because it does not matter who OWNS the note, because

the HOLDER can enforce it, and
so can a nonholder possessor, and
so can a nonholder nonpossessor, and
so can a non-OOBI, and
so can a possessor finder or thief.

I’ll save you the trouble of reading the UCC on enforceability of bearer instruments like mortgage notes indorsed in blank. You know what it provides.

Cool, huh? Curious how Glaski’s CA 5th District appellate panel didn’t quite get those nuances of enforceability. In particular, an assignment from one entitled to assign it HAS validity. And assignment to the trustee for the benefit of certificate holders in violation of the PSA becomes an assignment to the trustee in its personal capacity. The assignment happened. It just did not happen as intended. And that’s why so many courts have shunned the bogus “assignment did not occur” theory of the rulings in question.
The Common Sense of a Mortgage Exam

If we philosophers want to become fastidious, pedantic, anal-retentive sticklers regarding note enforcement, we ought also to become even more anal about determining and challenging the validity of the note.

I promote a comprehensive mortgage examination service by a competent professional knowledgeable in law for PRECISELY that reason.

A good mortgage exam can result NOT ONLY in proving the void or voidable nature of the mortgage note in a settlement negotiation or in court, but also in a HUMONGOUS award of compensatory and punitive damages and legal fees and costs related to exposure of the breaches, errors, fraud and other torts underlying the mortgage. See this stark example of the benefits of the methodology.

NO securitization audit can ever bring such a benefit. Well, honestly, a securitization audit cannot bring any benefit at all, as I see it, particularly not in contrast to a comprehensive. professional mortgage examination.

Do you see the beauty of the mortgage exam yet? By proving that the loan had fraud at its base, the mortgage victim opens the door to monumental monetary awards and possibly to rescission of the loan and getting the house free and clear, while stopping the foreclosure dead in its tracks. Securitization audits and arguments cannot open that door at all, not even a tiny little crack, not even a teeny weeny peep hole.

The mortgage exam exposure of fraud in the mortgage itself can blow the foreclosure into oblivion with no effort at all, and obliterate any reason to peer into the murky smog of the OOBI chain.
Validity Matters More than OOBI Chain

Back to the main point here. Regardless of the relevance of assignments in the OOBI chain, NOTHING has relevance like the validity of the note itself. And only a comprehensive mortgage examination can provide the mortgagor with the tactical nuke that will prove invalidity of the note and blow that OOBI chain and foreclosure to smithereens.

If Glaski’s lawyer had only understood this, Glaski would probably have his house free and clear now.
Ultimate Result in Glaski, Erobobo, Saldivar

Okay, okay, I know you want to talk about Wells Fargo v Erobobo and In re Saldivar, both of which, like Glaski, deal with non-compliance with the Pooling and Servicing Agreement. SO, let’s talk.

First of all, take note that courts all over the USA have spurned the legal theory that the PSA has ought to do with the validity of OOBI assignments of the note. I have cited some in a prior article. But you can conclude from the paucity of appellate opinions like that in Glaski that similar approaches generally fail.

Second, what do you suppose will happen in any or all of these cases if the bank pursues them to the ultimate end? Do you think the mortgage and the foreclosure will suddenly disappear forever? Do you imagine the mortgagor’s signatures on note and mortgage mean nothing or that the court or trustee will not eventually force forfeiture of the mortgaged collateral, the HOUSE?

If you do, guess again. Just like Judge Shack’s and Boyko’s foreclosure complaint dismissals in New York and Cleveland in bygone years, plaintiffs will correct their paperwork and refile. Every one of those foreclosures will go through to completion, and the trustee or court will kick the mortgagors out of their homes, AS THEY SHOULD. Or the mortgagor will stupidly take a scam loan mod in which they indemnify the lender for past injuries by the lender.
Why the FCIC Report Can’t Rescue

My use of the phrase “as they should” does not mean I endorse the widespread predatory lending and destruction of homeowner equity over the past decade, still in full swing through loan modification programs. It simply means that the mortgagor must proffer evidence that the mortgagee’s specific predatory acts injured the borrower as part of the predatory lending and mortgage meltdown conspiracy.

I don’t know of anyone who has successfully done that. Getting a court to acknowledge it in rulings beneficial to mortgagors has about as much chance as getting them to acknowledge that descendants of Mayer Amschel Rothschild engineered the Federal Reserve System, own the Federal Reserve Banks, and caused the assassination of JFK.

Who in his right mind would encourage broke foreclosure victims to fight a half-decade battle against foreclosure only to lose the house in the end at great expense in time, money, and mental stress? I certainly will not advocate that.

I wish I could advocate attacking the lenders and government for the predatory lending scheme wreaked upon America through the past 15 years, but I consider the battle as losing and any victory Phyrric.
The ONLY Opportunities for Glaski, etc

Regarding the very subject line of this message, Erobobo, Saldivar, and Glaski provide these opportunities:

Scam lenders will sell loan modifications to the foreclosure victims after the mortgagee corrects the paperwork and comes back to hammer the victims with foreclosure again;

Those rulings provide NO OTHER opportunities UNLESS Saldivar, Erobobo, Glaski, and others like them get their mortgages comprehensively examined for causes of action in the loan itself. Then the victims can turn the opportunity into an award or settlement in the form of a low-balance refinance, cash, or the house free and clear.

Because of the wasted energy, time, and money by Glaski, Erobobo, and Saldivar, I consider their temporary defeats of foreclosure as nothing more than Red Herrings.
My Choice of Method, and Why

For all of the foregoing reasons, I have settled rationally on this method: attack the validity of the individual mortgage loan as follows:

Get a comprehensive mortgage examination by a competent professional who has knowledge of all the related areas of law AND consummate litigation skill. Then,

Use the discovered causes of action to force a settlement for money or refinance, or sue for compensatory and punitive damages and legal fees and costs.

If no causes of action exist, walk from the house as you should, with a short-sale or deed-in-lieu-of-foreclosure deal.

Do not EVER accept a loan modification, for all are just scams to increase your debt, increase the likelihood of foreclosure, and deprive you of the right to sue over prior predatory lending injuries.

If anybody can find any fault with my choice of methods, please let me know and show me some proof of the fault.

Meanwhile, any who want to discuss how to avail themselves of a comprehensive mortgage exam by a renowned professional examiner with consummate knowledge of related law and 35 years of winning litigation experience, may contact me immediately for a FREE consultation, and tell me your story. I charge no money. I don’t work for a living. I have no business relationship with any service provider. I have no vested interest in your success or failure. I do not practice law or anything else except guitar. I like to help people. And I don’t hide.

We wish to bring to your attention a very serious matter that requires your immediate attention.

For quite some time now, three women have hijacked and commandeered your website. These three have the following user names on your site:

• Stripes
• Carie
• Marilyn Lane

Quite frankly, they have made it virtually impossible for anyone to have an intelligent conversation related to foreclosure defense. Apparently all three have already had their homes foreclosed upon, yet they refuse to acknowledge the reality and move on with their lives. Other forum members have had it with the rants and raves of this troika, as these rants and raves have nothing to do with helping others who are presently engaged in pending litigation, or who are about to be.

These three quite easily are responsible for 80%+ of all the posts on your blog. They have nothing to add to the discussion––no strategies, tactics or legal arguments that would be of any help to anyone. The normal folks on your website are treated daily to a withering barrage of vile insults and invective from these women. Responsible members of the forum consider these women to have severe psychological disorders.

More to the point, Neil, is that they are driving business away from your website. Anyone looking to purchase your products and services would really have to think twice before making such purchases or before retaining your firm to represent them. A couple of years ago I made such a purchase; however, were the postings then what they are today, I would not have made such a purchase. Unfortunately, you can only count actual sales, not potential sales that were driven away by these characters.

You have worked very hard to put this website together, yet you seem to be oblivious to the fact that the above individuals are ruining your franchise and your business. (Please review your blog and note that most of the good posters of past have left the premises.)

In summation, Neil, we respectfully request that you ban any further postings coming from these individuals’ IP addresses. (Apparently, when they are banned under one name, they come back using a pseudonym and/or a different email address.)

I have included below the other members of the blog who are of a like mind, along with their comments that they emailed to me.

FYI – I wanted to read the ‘good’ comments from Van Eck, Gault, etc., so I had to save this article as a .pdf doc then search thru the rubble to find important comments – the point is this nonsense of banal useless babble-posting takes up over 60 pages . . . with a mere 5-6 comments worthy of reading – if you can’t curtail the waste with these articles I’d be concerned the same lack of attention would be with the new law firm established Neil – this is the message you send to potential clients and astute readers who pass on commenting or even coming back to read – please – get the rubble under control. Thanks!

Jan van eck said ; (if this poster JAN VAN eCK is not related to the stock market or to Jan Van Eck Global why is she speaking for them?)

.The fellow in Greenwich running several billion dollars’ of funds is quite a bit younger than me, and the concept that he is going to be fiddling with some obscure foreclosure blog called “Living Lies” is so far-fetched as to be beyond absurd

What I find troubling on this site is you don’t know who the plants are and what posters are working in tandems with them to sway the direction of opinions

It takes a lot of posing to smoke out some posters real agenda

I feel BobG is here looking for clients and that’s okay because many victims of foreclosure fraud have no idea where to get help. But I have also noticed as soon as the discussions brought out the investors were not as innocent as they claim and and knew or should have known that they ( the investors )got zilch Bob started to really attack.

And as for Christine just reading a few of her postings for example:
America is finished etc. red flags went up and I don’t like that.. I love this Country. Christine like Soros wants to rain on our parade.

This is America and everyone has a right to say what they believe.

The only strong opposition BobG and his friends got from pushing their
Positions and who is owed what in this massive PONZI SCHEME are the likes of people like Stripes, Carie and me

Ah yes the great pretenders…pretending they are all telling the truth and doing the right thing.

A word to the wise, do your own research and make that choice for yourself and here’s why…. If I got suckered into a loan mod over a year ago, I wouldn’t come back here almost a year later and brag about it.

When dealing with liens and lien stripping, remember that a creditor claim will have two components: the “money claim” and the “security for the loan,” the claim on the property. If a “lien” or mortgage is stripped away by the BK Court, then the “money claim” is still there, it is the property that is getting its title cleaned up. The money claim now becomes an unsecured debt, and that in turn can be “discharged” if you are not required to pay some portion of your unsecured debts (as in a chapter 13) or are in a Ch 7 and the property is without equity after the first mortgage loan is considered. Under these circumstances, the entire loan goes bye-bye, and cannot be enforced after the Discharge Date. [Keep in mind this is a generic description only].

Other liens arise when a creditor has an unsecured claim, sues you, gets a Judgment, records the Judgment as a Judgment Lien on your property, and then his claim gets transposed from unsecured to secured. You have to watch out for this and not let it happen, or your equity in your property will start to evaporate. Even worse, any Judgment Lien creditor can in turn start a foreclosure proceeding and go sell off your property, pay off the first mortgage, and help himself to the residual to discharge his own claim. So, a credit-card debt can end up costing you your home. One way to avoid this is to put your real estate into a Trust, for the benefit of your child as beneficiary, and that places the property out of reach of these unsecured creditors.

When a lien is removed, either because you pay the debt or because a Court strips it away, the creditor has a very short time limit to remove it from the land records. Yes, in Georgia and other States, you collect a Statutory amount of damages if the creditor does not file the release. You can also sue for actual damages as a slander of title, if for example you tried to sell the property or obtain title insurance or a new mortgage, and this lien on title prevented you from completing that transaction. Since these deals attract large money damages, it is important that you keep careful documentation.

An untried approach, but which has some appeal, is to sue for “theft by conversion,” arguing that the wrongful retention of the lien on the records was a malicious act intended to deprive you of your property rights and transfer those rights to the creditor, without foundation, and as an intentional and malicious act. For that, you also ask for punitive damages, to a value of say five times the gross appraised value of the property. At that point, your claims start to get interesting. [This approach would be “new law” and very much a long shot, but that does not mean it cannot be tried.]

Wells Fargo is, unfortunately, both a malicious banking enterprise and is quite prepared to engage in what is effectively criminal acts to take your property away. They are neither nice nor honorable. HSBC is merely incompetent, I am hesitant to paint them as intentionally malicious from what I have seen, but profoundly stupid and incompetent, sure. Do not place your faith, trust and confidence in these outfits. Indeed, when you sue them paint is as follows: “Defendant Bank holds itself forth to the community at large as an institution of great moral probity, and invites the community and the plaintiff herein to repose its faith, trust and confidence with said Bank. Notwithstanding its pervasive posture of moral probity and rectitude, defendant Bank engaged in a pattern and practice of deceit with the aim of inflicting harms, losses and injuries upon the Plaintiff herein, in a concerted effort to enrich itself at Plaintiff’s expense, to plunder the assets of Plaintiff by abuse of legal process and its position as banker in the community, all to inure to its own enrichment at the losses and expense of Plaintiff. At all material times, Defendant Bank suggested, importuned, and induced the Plaintiff to place his faith, trust and confidence with said defendant Bank, induced the Plaintiff to share and exchange confidential information, and in doing so, defendant Bank took on the effective mantle and role of fiduciary as and to Plaintiff. Defendant immediately breached its fiduciary duties and used the confidential information to enrich itself to the losses and injuries of Plaintiff. Wherefore, defendant is liable to Plaintiff for damages, special damages, exemplary damages, and punitive damages.” etc.

Thank you – thank you for all of the information you have posted over the years here and elsewhere and thank you for taking the time to explain to me how it all “works” and what a mess the whole situation is.
It would be hard to believe unless you have had an experience with one of these banks or servicers – sadly once you experience the dishonest replies first hand (and get past the shock) it is very easy to believe such crazy things have been done!
Hopefully the Courts in GA will open their eyes…at times it feels like change is coming…but I try not to let my hopes get too high!

The 2nd lien I mentioned earlier – the Georgia BK Judge GRANTED the Motion to strip the lien which was discharged in January – so it is officially extinguished automatically with out further court order!

I expected the servicer to have a release recorded within 60 days – but that has not happened! Am I correct in GA if this is not recorded timely the grantee is entitled to collect $500 for damages?

It took until March to get the servicer to acknowledge it was stripped and only after a written request and faxing the documents (same ones the court had sent to them twice before) did the servicer update their website 2 months after the discharge to show the amount is now $0.

I checked each month of the Master Servicer’s Distribution Report Jan – May 2013 and it has never been adjusted or noted anywhere on any of the reports that this has been striped.

MERS shows status as inactive – but if it is extinguished by court order I was hoping it would be paid in full?

I wish I could trust Wells Fargo, the current servicer, HSBC who is the trustee of the trust my loans are collateral for – but all have been dishonest in written replies they have sent me regarding this loan – they are consistently dishonest.

I finalized a HAMP mod almost a year ago and have been current ever since – same players involved so I am saving everything and taking screen shots often – sad I am so paranoid but I understand who I am dealing with and after reading your post I am sure it is something I need to do! I get a sizable amount forgiven after 3 years of timely payments – so getting pop ups that say my payment is due when it has been paid get me upset – I know who is keeping the books and I know how they act – so I have proof of everything – just in case!!!!

I did enjoy this site more when people shared knowledge here – now it is mostly insults.

What a joke you are Bob G. You are makng yourself look like a worse scumbag then you already look like. You already revealed you are not fighting fraudclosure and you are an attorney using someone else’s website to drum up business. Go somewhere else and peddle your lies and your fraud. What a lowlife!

I do not like liars who invest in everything that effects our Life, Liberty and Property and pretend to be unbiased. Investing in everything we pay for, ALL OF OUR FREEDOMS IS A KHAZAR COMMUNIST CONTROL FREAK PLAN TO DESTROY OUR CONSTITUTUONAL REPUBLIC AND STEAL ALL OF OUR FREEDOMS.

The doctors, members of the media, the Russian mob, foreign nationals, Communist China, Al Queda, all of our enemies, both foreign and domestic are invested in the destruction of our Constitutional Republic and all of our freedoms.

Investment is foreign espionage on steroids.

How else can all of this illegal spying and microchipping be allowed?

We have Nazis invested in everything that effects our Life, Liberty and Property that’s how.

The real problem in America is the investors who are invested in everything that effects our Life, Liberty & Property.

For example, the name Van Eck is on many of the corporate investor lists.

When the Politicians, the Judges, the Lawyers and the Cops are allowed to invest in OUR FREEDOMS, TYRANNY AND OPPRESSION IS THE RESULT.

The proof is what is in OBAMACARE……the investors, the Politicians and their Khazar Communist criminal friends around the globe have ushered in the MICROCHIPPED MARK OF THE BEAST IN OBAMACARE.

No one in Government or with ties to Government, Corporate America included, should ever be allowed to invest in anything that effects our Life, Liberty and Property because WE THE PEOPLE PAY FOR EVERYTHING. INVESTMENT IS NOT OWNERSHIP….INVESTMENT IS A CONTROL FREAK MECHANISM OF THE RICH.

Hello, Bob,
Since you popped me a personal e-mail I went back here to take a look and reviewed the “posts” ante-dating my own to Miss Jennin. Perhaps to no surprise, none of the aspects that I raised were even remotely referenced in any post. There is no “90-year-old.” There are over 51 people in the USA named Jan van Eck and even more in Canada; not quite “John Smith,” but getting there. The fellow in Greenwich running several billion dollars’ of funds is quite a bit younger than me, and the concept that he is going to be fiddling with some obscure foreclosure blog called “Living Lies” is so far-fetched as to be beyond absurd – that one is all the way to the Twilight Zone.

I did not say that Jan van Eck started the firm what I said
on June 11th was:
I remember years back when Jan van Eck put input into one
of my posts, I googled the name of Jan van Eck.
It said, Jan van Eck CEO of Van Eck Global, a firm established
in the fiftys to invest in post war recovery around the globe.

@BobG
if you pull up one of the ailas of the Jan posting from Wilton Conn. , you see he is very much alive and kicking and with van Eck Global.
•Joined Van Eck in 1992.
•Has created a variety of international, emerging markets and commodity-related investment strategies in mutual fund, ETF, and alternative investment formats.
•Serves on investment committee for Van Eck VIP Multi-Managers Alternatives Fund.
•2013 Finalist for Fund Leader of the Year, Institutional Investor’s Mutual Fund Industry Awards.
•From 1994 to 1998, established a fund management joint venture with Shenyin Wanguo Securities, one of the largest securities firms in China.
•Fellowship at The Council of Institutional Investors, focusing on shareholder rights, 1990

You gals are a very sick bunch. If you are married, I’m sure that your husbands love the fact that this website exists. It keeps you of their backs. I can’t imagine any man living with any of you. That would be a nightmare from which there would be no awakening.

Marilyn, you are an absolute fool. If he started such a firm in the 1950s at age 35 or so, he would now be about 90ish. This is why you women have lost your homes…you are complete losers with no critical thinking skills. As Jan said, this site used to be good. Now that you have taken it over, other than Neil’s posts, and an occasional stop by by guys like Jan, it is nothing more than the ladies’ lounge in a psych ward.

The type of stuff that Jan posted below is the type of stuff that should be posted and discussed here, not your psychobabble rants and riffs.

And I have had conversations with Jan via phone and email off this site. He’s a semi-retired lawyer is CT who spends most all of his time helping out folks throughout the country who are in foreclosure, and he does so on a pro bono basis.

I remember years back when Jan van eck put input into one of my posts I googled the name and saw Jan was CEO of Van Eck Global
a firm established in the fiftys to invest in post war recovery all around the Globe. Vsn Eck might be headquartered in NYC but his busiess is global.

No matter how greedy the Rothchilds and their long history of controlling our banks, I believe what is happening in our America now comes because
Of George Soros money implicating a plan to destroy the Supremacy of our Constitutional Republic.

Reading his bio Soros said he got involved in helping Obama to the Whitehouse since he didn’t not like George Bush fighting reaction to 911
nor the American attitude of Supremacy

It is OBAMA CARE THAT that comes from Soros’ mind to control our People

When Soros became a citizen of our wonderful UNITED STATES, in 1961 he took an oath to uphold the Constitution. Anything less is Treason.

Soros vision of a One World Society might have been hidden then and as his money and power grew it has become transparent that he put in place left wing radicals to carry out his plans . Most of the world jealous of the American way of life fell behind him.

Losing our property by fraud against our rights in the Constitution has slowing but surely woken the American people.

The khazars and their propaganda machine are busy these days feeding the people lie on top of lie trying to cover up for themselves. The latest lies are we have no Constitution, there was a coup 150 years ago and Obamas here to finish it 150 years later, aliens put us here to be slaves to the Jesuits, Jesus is some Emanuel sandana dude….(probably an alien I am guessing), the Jesuits are to blame for everything, they can make people out of apes but Darwin’s theory is a fraud, the Jews work for them and one thing that is probably true…..they want most of us dead so all that is left are 500 million subservient slaves. Not a word about the khazars, the real culprits or the microchip in OBAMACARE. Yes it is clearly an ongoing cover up for the tsars of the world. God help us.

The banks…..the banks…..the banks…..NO….ITS THE POLITICIANS….THE POLITICIANS….THE POLITICIANS…..THEY ARE ALL INVESTED IN THIS FRAUD…..Truth is Jan….the jig is up and you can’t put anymore lipstick on this pig. The truth has finally come home to roost and people are sick of hearing all of your lying nonsense. It’s a shame you can’t stop lying and covering up for these crooks. That can only mean one thing, you are with the terrorists.

When they start installing the communist military checkpoints and treating you like a criminal and throw you in an internment camp because you look like a terrorist to them, maybe then you will wish you would have told the truth. They are already rolling out the tanks for stupid shit like home invasions so it won’t be long before they will be coming for everyone.

Hurry up jan van eck….. good god help these imposters if the words “paid in full” were taken seriously and the bondholders and shareholders got found out they knew all along those stock certificates and bonds they hold are worthless pieces of shit.

Truly it is the politicians the Sheriff’s, U.S. Marshalls and the U.S. military should be halling off to the County Jails for the entire charade to await their lifetime sentences in the State Pens for defrauding their own people.

The banks are following orders from their masters and by the judges fining these banks they are really putting our stolen money right back in the hands of these commie traitor politicians and their comrades around the globe.

Yeah jan, the truth hurts but sometimes you just have to suck it up and pay for your crimes.

to Jennin of Georgia:
On 10 June at 5:59 pm., which is several hundred posts of rubble ago, you inquired as to why “your loan” would be recorded as “Paid in Full” on a spreadsheet, when another document describes it as “charge-off.” Realistically, anything I say would be speculation; with that caveat, there are some possibilities. before getting into the Answer, you should be aware that you are dealing with most nefarious “banks,” whose behavior is grimy. Particularly, “Credit Suisse” [which is amalgamated with First Boston Corp. to become Credit Suisse First Boston, or CSFB] in one case in Montana was denounced from the Federal bench as “an international predator bank” and “whose conduct shocks the conscience of this Court.” responsively, the court whacked CSFB for $232 Million through the process known as “equitable subordination.” In Re: Yellowstone Mountain Club, US BK Ct., Distr Mont. 11-61570-11, Adv Proc. 09-00014-RBK Docu# 289, 5/12/09.

CSFB also bought two notorious bad-ass players in the sub-prime exploitation business, “DLJ Mortgage Capital Inc.,” now a sham Delaware Corp., that sits inside the bowels of CS at 11 Madison Ave in NYC, and “Select Portfolio Servicing Inc.”, that parks itself in Salt lake City. “Select” was formerly “Fairbanks Capital” of Washington State until they got slammed there with a $50 Million fine, packed up and scooted over the Border; same players, new corporate identity. You are not dealing with nice people; they lie, steal and cheat.

When your “Note” is “not paid by you,” remember that, in order to shovel a holographic image of the Note into that Trust Pool (the actual Note likely never made it there, was not theirs in the first place to transfer, did not represent the actual transaction, and is not a written memorialization of the loan transaction, among other problems, so an electronic image is substituted by the Players on the Street), CS purchased “credit default insurance”, also known as a “swap,” onto the notes in the Pool. The reason for this was to reassure the rather naive “investors,” typically European pension funds, that the “certificate” shares in the trusts that were being peddled has a solid insurance guarantee. It also allowed the Ratings Agencies such as Standard and Poor’s or Fitch to “rate” the Certificates as “AAA,” the Gold Standard for bonds on the Street. So the Street could vend them at a lower coupon rate (interest rate) than would be possible with a lower-credit rating (and that allowed for more of the principal of the investors to be skimmed off, another neat trick),

When you stop paying, after 91 days a Demand for all principal and Interest is made on the Bond Insurer. their payment then discharges the Obligation. Except, the insurer sold the policy “without subrogation,” so they do not get the Note in exchange. You end up with a situation where your Note (to the extent is is being represented as your Obligation) is paid, but nobody stamps it “PAID.” and It remains sitting in some vault, not handed to the insurer in exchange for the insurance proceeds, so that is just too tempting. Along comes Wells Fargo or Deutsche Bank or USBank or whomever (pick your pond scum), and they now sue you for “your default” and allege “you did not pay,” which is true enough, but irrelevant. Did the investors get paid? Sure did. So your Obligation is discharged – except you don’t know about it, and neither does the Judge, and Credit Suisse is not going to tell.

Under certain other circumstances some other entity, typically a “servicer” or “sub-servicer,” is on the hook pursuant to the Pooling and Servicing Agreement to make the cash remittances to the Trustee for distribution to the certificate-holders if you do not. They are “sureties” or “guarantors,” and their payments may show up on that spread-sheet. And, as another Poster mentioned, under certain other circumstances the Servicer might be obliged to do a “buy-back” to get it off the books of a government-sponsored entity, or even off the books of the Trustee, and that will lead to a full-payment recording. So there are possibilities that would lead to this result.

Again, it is speculation, as I have no data on your particular case. I make this posting merely to provide some insight. I cannot respond any more to individual questions as the entropy of this website has disintegrated into random inter-stellar static, obscuring the entire universe with white noise. And that is unfortunate, as it used to be a serious site for exchange of information and litigation concepts.

Then there are those like my sister and her family who are fighting eviction and that is even more stressful. Never knowing when you could be thrown into the street by these crooks is certainly not what the U.S. CONSTITUTION/BILL OF RIGHTS stands for. Everything these imposters are doing is illegal and it is a disgrace that it is even still going on.

Christine you are rude and arrogant. You have no idea what we go through in fraudclosure. It is extremely abusive mentally, physically, emotionally and even spiritually, it is exhausting. It is meant to destroy lives and has succeeded in many cases. No one knows what it is like to walk in someone else’s shoes. Everyones situation is different. For someone not fighting fraudclosure you certainly spend a lot of time annoying people at this site. You are evil to judge anyone trying to cope with these problems. All I can say is what goes around always comes around.

If you had made a decision for “the love of my family”, you’d be at peace with it. Coming here to post over and over the same rants against courts, banks and attorneys and fifteen times the same Anon cut-and-paste, without any personal input, proves that you’re not.

Call it what you want. The fact of the matter is that you made a decision… to fold. Calling it anything else doesn’t change that fact.

And hating me is sure to help tremendously your health… Doesn’t do anything to me. Doesn’t do any good to you. Another one of those “decisions” I suppose.

Yeah the spin is still out there but people are slowly waking up to who the deadbeats really are, these khazar crooks, not us.

I heard a woman at a ballgame last year talking about how she was trying to a get a lower mortgage payment and was getting a hard time from the Imposter crooks. She said “at least I’m paying the mortgage.” Little did she know of the big swindle and the evil plan.

I was talking to another woman sales clerk in a store who told me she wanted a loan mod and the Imposters told her she had to stop paying her mortgage first. She told them flat out no, I’m not doing that.

If I had hours to explain I could have told her of the evil plan and she was eager to know what in the hell is going on. Instead I gave her this link and a few others and wished her luck.

I don’t look to be liked by people I have no respect for. Amazing how you can’t take the truth about having folded without a fight. What can I say? That is exactly what you did. Coming here to lecture on defenses to foreclosure you never even tried is… comical, to say the least. Too bad you don’t see it.

Believe it folks…..The fraudulent inducement of OBAMACARE is what this entire manufactured financial crisis is all about. They will use OBAMACARE to microchip the entire population to their fictitious debt fraud. They will turn all of their fraud electronic and they will spy & control everyone through that RFID chip.

Cavuto on FOX BIZ guest says the NSA SCANDAL COULD MEAN ANOTHER COLD WAR IS BREWING…..

Carie- In Kemp v Countrywide (NJ) Linda DiMartini stated under oath “….it was our (CW) practice that we always kept the notes in our warehouse. We never transferred them”. To which CW atty jumped up and yelled “she doesn’t know what she’s talking about”. DiMartini was in charge of the dept. which stored all of CW data a docs. She was there for 13 years.
Another one of my favorites- (NY courts. Knights of Columbus v. ?) The judge wrote “not only was their investment not backed by mortgages, it appears that it was backed by nothing at all”.
I see no price quotes anywhere for MBS. The notes never made it into any trust. The investors certificates are backed by nothing. Every regulatory agency knows the truth and is lying on a daily, or hourly basis. The IRS publicly declined to investigate noncollateralized MBS. I believe that the state of VA pushed the issue in search of revenue, as the tax/penalty for improperly structured Reits or Remics is 100 percent.
The entire US mortgage market in 2008 was about 13.4 trillion. The bailouts, Tarp, Talf, loans, other credit facilities, to date are about 60 trillion. And by any measure the economic situation is far worse today than it was in 08. Far, far worse. It is clear that the homeowners borrowers had absolutely nothing to do with this. Subprime was 19 pct of the 13. 4 trillion. Only 1/4 of the subprime defaulted. Shod have been a hiccup for the global econmy, not an ever-deepening abyss from which there is no legal escape.

This entire scam is manufactured by the Khazar Nazi crooks to fraudulently induced OBAMACARE and the microchip. Inflation/deflation and all of this fictitious debt is all about imposing their totalitarian dictatorship. Believe it. OBAMACARE IS THEIR EVIL ENDGAME PLAN. That is why the military and the FBI are showing up at crime scenes that are small town stuff. They are warning us about what these crooks are planning.

Bob, there was no fight. No court, no lawsuit even as a pro se, just nothing. Empty noise on the same rehashed theories that have been costing Anon, who has consistently been testing them in state and federal courts, 9 years of her life. Anon is reconsidering as we speak whether it was worth it. 9 years is a hell of a price to pay. However, I-refuse-to-fight-Carie keeps posting the same theories over and over while having never, ever tested them herself.

Big mouth “there were no investors” folded like a cheap suit about 18 months ago after having worked pretty damn hard at proving to DB that she didn’t have a clue and would never engage the fight. She sucked the air out of everyone, asking the same questions over and over while refusing to follow advice she begged everyone for. You do realize that you are the last attorney postng here, do you? There is a reason for that… all the other ones got sick of reading: “judges are sold out. Attorneys don’t understand jack. They refuse to see that there were no lenders, no investors. And all they want is my money.”

Recurrent theme on this site… There’s a reason people keep confusing the stripper and her. Now watch for the snide comebacks. Worth their weight in gold…

We know what Obama wants to do but if you all spend time reading the site DISCOVERTHE NETWORK you will see how he is acomplishing his goals. The more you know your enemy the better your chances to stop them.

I agree with your earlier comment marilyn about our Constitution. However if they get their way with OBAMACARE, what is AKA the microchipped mark of the beast we are in deep doodoo. They are trying to force compliance by making us broke and refusing us Dr visits. If we accept that mark, it will be a complete totalitarian dictatorship. Then it will be hell on earth like never before in history.

There was a cable outage for a few hours …. severe weather in the area. Kind of looked like we were going to get hit by a tornado for a while. People were remarking outside of the local Jewel the cloud formations looks weird. Par for the course.

Carie .. Was your request in writing? Did they respond in writing? Did you dispute their response in writing? What I am saying is .. Talk is not evidence… Getting it in Writing is taking the Power back.

Well, I needed facts, too. I asked for facts from the servicer. The FACT of WHO is my real creditor. I was never given that “fact”. So how can we defend ourselves from having our property stolen from us if we are never allowed to have the facts—ie., “I don’t have to give you the facts of real creditor identification”.

You nailed it Marilyn, but you don’t play nice and I ignore people who don’t play nice…. but if you bully me, … you get put in your place. On You Ass and In Your Face! Learn to Be Nice! You reap what you sew.

Thank You Bob! Thank You! To elaborate… because of the agents actions , …. the beneficiaries were unable to take recourse against the homeowners. In other words … the Agents caused both the Investors and the borrowers substantial harm. So the investors and the homeowners sue until they go …. Insolvent/liquidated/merged/acquired dead

Carie
Forget about the foreclosure proceeds for
Now. The investors bought the certificates of beneficial interest. Thus, they are the beneficiaries of the trust. Everything else is what’s being argued about in the courts.

The difference between you and me KC…I have everything to lose and nothing to gain by taking your advice. You obviously have something to gain by my giving up. I am not giving up my freedoms for you or anyone.

“Of course, these newspaper articles do not constitute evidence. They may constitute a sufficient basis for considering
whether a plausible claim is being asserted for which discovery should be allowed.”

Stripes, I have no involvement in your cases … its all in your head. I coached for many years … A Good Coach knows … You Study the playbook and learn the rules of the game before you play the game. This is one game I choose not to coach or play. Just sitting on the sidelines … listing to the birds sing. Oh Look … A Butterfly!

RE that robbery in the Chicago burbs was in South Suburban Country Club Hills. A gang ridden suburb. It was a robbery of some private citizens and the media is touting it as they called in a SWAT team. What? Over that? Looks a bit like overkill. That SWAT TEAM had a tank and those sure looked like men dressed in military garb. Blackwater maybe? Whatever it was it sure looked like undeclared martial law to me. More fraud.

In fact quite the opposite is true KC/guest. YOU ARE THE GREEDY ONE. Obviously you are trying to save either your own criminal ass from going to the woodshed or someone else’s. I would love to be the one who holds the woodshed door open for all of you.

qacko? not in my expanded vocabulary. But you can name it what you want …. but you lost your condos…. I have my home and no lawsuit. In simple terms … that makes me smarter than you. My keen sense of observation tells me You and Stripes are Greedy Money Grubbers. Sorry if my opinion offends you. Truth Hurts!

Stripes
I see a circle of the illegal seizing of property from George Soros
Pulling the strings of Obama to Holder To Wm Foley of Fidelity to LPS doing work for the Government.
N sjpite of ho the left ind of our Judges, I think Judges are starting to realize that as rule of law fJUDGES ARE STARTING TO SEE THAT AS RULE OF LA GOES, AND OUR Constitution goes, there goes their jobs

I have no sympathy for the devil, his minions or cohorts. I am not impressed by their wealth, status or names. They are not fooling me with their facade. They are not fit to shine our shoes let alone tell us what to do. If you have to spy, lie, cheat and steal to get your way and that makes you feel powerful then you don’t impress me. That is vulgar and disgusting.

The truth is Khazar freemason satanist/communists have hijacked the country and everything they are doing is illegal. There is no way to cover up this massive crime scene and I refuse to comply with foreign nationals, the criminals who robbed me. Get it? It goes against all of my beliefs to even have to talk to these people.

You should know by now KC that I am not one of those who follow the path of least resistance.

You obviously don’t get it. My fight is for my freedom. You are trying to spray perfume on a pig and you think that will save your sorry ass. You are on the road to perdition. The road to hell is wide and easy to travel.

Stripes .. I do not take pleasure in other folks losses. But you may be the exception to the rule. When you lose your home because you are fool enough to think someone else is responsible for your obligations …. that is a laughable event.

marilyn ….. they are certainly only telling us half of the story. The NEW PARTY AKA the communist party Usa is an underground movement that hides behind party names and corporate logos. They will never come out and tell us they are communist infiltrators.

Of course they control the media because propaganda is a huge part of their success.

JFK talked about that in his speech about Secret Societies.

Imagine if the media told the truth that the commie freemason khazars killed Kennedy? We would not be fighting these imposters today. They would have all been sent packing.

They use deception to control. Intent to deceive is criminal so all the liars are exposing who they really are.

BobG….there has to be a trust set up for there to be a trustee and a beneficiary…..THEY HAVE TO HOLD THE SECURITY BY ACCEPTANCE & CONSIDERATION…..PROVEN BY THE TRUSTEES RECEIPT.

The bank attorney for the Servicer told me point blank, to my face, when I told him I want to see some discovery, there is no discovery, there is no trustee and there is no trust. So, that means all of this crap going on is FRAUD…..THEY ARE DEFRAUDING US AND THESE ARE THIRD PARTIES TRYING TO COLLECT A DEBT THAT DOES NOT EXIST.

You are also ignoring contract law ….the contracts that they destroyed when they altered the terms of the contracts and decided they could RACKETEER WITH OUR SECURITIES WITHOUT OUR KNOWLEDGE OR CONSENT.

As I told you many times before, stay out of my business KC. I don’t have enough debts to amount to a hill of beans and that is neither here nor there. We always pay what we legitimately owe. These crooks put us out of business and bankruptcy is not and has never been an option. THESE CROOKS DEFRAUDED US. WHAT DON’T YOU GET ABOUT THAT? Any liabilities are because these crooks set us up to fail and robbed us and they are going to pay for it. The name deadbeat belongs on their tombstone, not mine.

stripes.
you are right the media has been bought:::
for example
Media Fund: Soros played a major role in creating this group, whose purpose was to conceptualize, produce, and place political ads on television, radio, print, and the Internet.
Media Matters for America: This organization is a “web-based, not-for-profit … progressive research and information center” seeking to “systematically monitor a cross-section of print, broadcast, cable, radio, and Internet media outlets for conservative misinformation.” The group works closely with the Soros-backed Center for American Progress, and is heavily funded by Democracy Alliance, of which Soros is a major financier.

At some point in all this mess.. you have to trust someone. I know that when you have been lied to by banks and attorneys both… you shut down. Its like Neil has been saying …. choosing an attorney is important because the half the bushel is bad. You have to trust someone eventually. You are smart enough to file your own BK. Just study up on it …..

Stripes, you have other debts ….. protect yourself and file for BK protection on your business and claim your Homestead Exemption Rights on your home, they have to file POC in Fed court to and it will be a lot quicker for you than playing chicken limbo with these Turkeys in state court. BK Trustee gets Ins check… hahahaha. … and gives it back to the business that you are keeping and your home and kiss unsec debt goodbye. That aught to teach them a lesson! Trust Me!

Stripes … Its Dead! You would not expect the taxpayer to pick up a dead sharks liabilities on top of what we just paid do you? Good Luck Sweetie! Why do you think I didn’t waste my money suing them? Investors are getting pennies on the dollar … its like Neil said … the Shark is on its last breath. Hang In there ….

Telling the truth has nothing to do with having a big ego KC. You are not a judge and you can’t make a ruling on these issues. You are who has the humongous ego and would love nothing more than for me to fall for one of your scams. I wouldn’t waste my time going to one of these protests and give some ego tripper a reason to throw me in the hoosgow. I have bigger fish to fry.

Sorry Classmates … LOL! Everybody knew except Stripes! I just blew her big ego! But that’s ok … now she can afford a bus ticket and protest on the White House Steps! Kick Butt Stripes! Now Go Enjoy your Summer!

“….all without giving an accounting other than the subservicer’s partial snapshot consisting of accounting records reflecting ONLY transactions with the borrower,”

Imo, this is a violation, and a sanctionable one at that, of Rule 26’s mandate for disclosure if other accounting exists.

“RULE 26. DUTY TO DISCLOSE; GENERAL PROVISIONS GOVERNING DISCOVERY

(a) Required Disclosures.

(1) Initial Disclosure.

(A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties:

LOOK!
……..(iv) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or indemnify or reimburse for payments made to satisfy the judgment. **

Don’t make presumpitons about what this means! Have to do some research (case law).

The Judge was right .. its a problem between the lender and the title attorney and insurer. But I have been so kind to tell you what you need to do to keep the city and state away to.. sheesh .. just cant make them all happy. So I choose my city and state , I live here and to hell with the pretender I’m a Fed 3rd party hide behind unregistered mini trust debt buyer title attorney and mers agent for servicer. Pffft!

You can be funny Stripes … the rest of us suckers have to file a lawsuit to clear our titles and there are no liens on yours … you hold it free and clear moron! They can not give you what you already have!

Being an Attorney these days is Risky Business. What happened to Good Old Fashioned Honesty? I will skip the rule of law gig and the non disclosure gig discussion .. gag! I want no part of it! I want my estate back in order and I want prosecutions! I want half of Congress Booted to the Curb and I want Congressional Terms Limited like the Presidency! But I want a lot of things and still have a lot of work to do before I achieve my goals. Its for Grandpa and Great Grandpa …. they are saying…. I told you so… sigh…

If you knew what I just told you …. would you modify the original loan? Or would you request a demand payoff/fee simple from the master servicer or their MERS TITLE ATTORNEY should be able to assist you. or not if its self incrimination and they are covered by the 5th…..

You and I both know what the law says about third party debt collectors not before the court who are not amenable to Service of Process. These trusts were never set up and Securitization never happened. The Treasury has some explaining to do. This fraud began under Reagan and his Treasury Secretary Donald Regan conveniently croaked in 2003 so we can’t ask ask him why that was allowed so lets subpoena and grill James Baker the under Treasury Secretary to Donald Regan and the Treasury Secretary under Old man Bush.

Now.. a change of subject matter before I retire for the night. Does anyone want to talk about how non-borrowers became borrowers and about how one non borrower under the note but borrower under the mortgage can change the terms of the note without the Note signer- borrowers permission? So, as I have told you ….. as a non note signing borrower they are asking ME to refinance my loan with 1st Advantage Mortgage as a borrower under the Mortgage. (Not My Husband) HUH? Can I do that? Really?

I am not on the Note and I didn’t borrow any money. How can I change the terms of a contract that I am not a party to? And I don’t agree to mod the fraud. I want fee simple enforcement of the contract you are in breech of!

Do you think we should ask the borrower on the note before we alter the terms of his loan without his knowledge? I mean really.

HUD says…. if the owner of the debt is a third party… Short Sale is a Yes Yes Yes…… and the Buyer is almost guaranteed to be the hidden 3rd party or associate and Boo Whoo Who? Battle of the Brilliant Minds .. Good vs Evil in the World of Law! I agree Mari … you don’t want to be in the law field right now. Its a Battleground not a Playground! I still don’t want to grow up…. its no fun!

If they played hopscotch on your deed … You have to Get A Court Order to Clear the Deed before you hold Good Legal Title and can Warranty the Title to the Next successor of the Home.

p.s…. HUD says …. no no no to a short sale unless the homeowner/borrower can or will personally warranty title. And HUD says … No No No Pay for nor accept property with a Bad Title because of Servicer Error…. hahaha…. servicers title attorney.

Stripes. … MERS is legal here in Illinois. Why I don’t know because anyone in their right mind would not touch a property that’s been touched by the mark of the beast. Its just not safe … and the title insurers will not cover the footprints left behind by MERS. But you can go after the Title Attorney who filed those false claims (dirty money) or you can just set back and laugh at him til the end of the game. Laughing … Good for the Body, Mind and Soul.

They cannot legally transfer our titles if they never held legal title to them. This is all fraud. Those FED repurchases as well. They are racketeering with our Securities to create a nation of renters. It is a very deceptive communist plot that will result in a World Tax or National Tax or State Tax on the buildings as a totalitarian fix for their massive fraud. It will be like the property tax on the land you will never own the building either. Or they may just keep increasing the property taxes. Either way they are up to no good and intend on seizing everything from us one way or another under the guise of taxation just like the OBAMACARE tax fraudulent inducement. It is all part of this communist plot to install a totalitarian dictatorship in America.

jenninGA – that stuff is generally not my “thing”. I can just say that if your loan went thru a GSE, it appears to me that the servicer has to buy the loan from the GSE (fnma, et al) to modify the loan. FNMA may have owned it by way of their repurchase agreement when they were the issuers. The servicers got the gimme-funds for modifications, so it makes sense they have to be the ones to modify loans. But if the servicer didn’t buy the loan, I’d agree they can’t modify a loan for someone else without written authorization which passes muster. Funny thing is, when banksters claim a “trial” modification has failed,
or what the heck, when they come after the property, they’re back to using either FNMA or the trust. Be nice if we had our money to fight with, but we don’t. The banksters have it and use it to fight us. How nice for them. Grrrrrr – thait’s quite an insult to injury.

It is the Trustee for the trust for the people’s money & property the hijacked U.S. Treasury Department/Title companies who are the third party debt collector hiding behind the scenes stealing our properties for the banksters. That’s right, it’s treason at the highest and lowest levels and it’s criminal.

Only the Trustee can bring a fc by 20% direction of the shareholders. Problem for them is those trusts were never set up and the Securitization never occurred. They are not only traitors and crooks they are cowards.

“The notes underlying the mortgages, as negotiable instruments, are negotiated by mere delivery without a recorded assignment or notice to the borrower.”

‘Fraid I have to disagree with the good judge on that one. The notes weren’t physically delivered from A – D. For one thing, there simply was not time to transfer them thru all those entities and meet cut-off dates
of the trusts. Imo any alleged transfers are done by way of (voluntary-only) entries into a private set of books, that is, the MERS’ computer database (and here I hasten to remind it’s a crime to keep false records in private sets of books in every state in this country). I’d bet some of that two bucks I’ve got left that so and so was made a joint-custodian for anyone and his brother and retained the notes. (“He’s my custodian! No, he was mine!) There’s no way those notes got the endorsements required by law and by the trust governing documents.
Whether or not MERS database acted as the alleged custodian of a once-paper copy now digital copy remains to be seen. I’ve seen enough clues to say it warrants scrutiny. And I can tell you that total
digitalization is where they’re headed. Think it’s bad now? Sorry to say, it can get worse. We’ll all be involved in the electronic discovery that we should be involved in right now, and those guys have had
YEARS to get ahead on the learning curve of that law which is going to be the wave of the future on every stinking loan.
Oh, dear. I’ve been remiss.
MERS HAS TO GO. SAY NO TO A MERS MORTGAGE.

JenniinGA…. ask your debt collector to show you proof of his loss if you don’t pay him? Ask him to show he paid consideration for the loan…. a must to prove capacity. Also check your deed and see who the recorded mortgagee is … The plaintiff must be the mortgagee of record at the time of filing … is or was he? Have you seen the Note? Is the Note properly indorsed down the line to match up with the claims on against your deed? Do not lose your home this late in the game.. hire an attorney.

Carie, there is a reason they call them pre foreclosure listings. Why? My judicial mortgage says … when the sec calls the note due the borrowers agrees to a non judicial sale prior to FC. I wonder who? who bought it pre foreclosure? If your loan has been removed from the MERS system … there is your sign.

you said:
“The beneficiaries are the investors, and investors are always changing…some buying, some selling their certificates…”

NO—securities investors are NOT “beneficiaries”.
They do not get foreclosure proceeds.
We are never told who does—never told who is real creditor—which is our right under FDCPA, etc.

______

“…We signed documents that we thought were a mortgage refinance and/or purchase, but they were not — they were reaffirmation of false default debt (put into false default by the GSE’s after deregulation) that we did not know about.

No “funding” was necessary for these document signatures…because it was merely a transfer of “collection rights” only. The ONLY funding provided was for any “cash-out” — the rest was just a reaffirmation of a false default debt.

How does this fit into a Ponzi scheme?? Because a Ponzi scheme collects money from “investors” — when there is NO REAL INVESTMENT. In other words, they collect money — when they KNOW that there can be no validation of cash flows to the investors. The investors in the subprime mortgage refinances (MBS securities investors) believed they were investing in valid (qualified) mortgages, but they were not. Thus, the potential for cash flow return was not likely — as the borrowers were not mortgagors, they were only “debtors” in default debt, unknown to them, who were being charged high interest rates — that could never be substantiated. So, where would the cash flows come from??? The foreclosures??? But, foreclosures are NOT securities —current cash pass-through must be on CURRENT cash pass-through -(required for REMICs)– and, foreclosures are NOT current cash pass-through.

Security investors do NOT get foreclosure proceeds.

That is why, bogus trusts, are NOT borrower’s “creditor”. (yet in foreclosure docs they say they are).

We do not know who is our real creditor.

Ponzi scheme?? YES. Based un-substantiated cash flows and bogus contracts. The cash flows stopped — and the Ponzi “inventors” had no where to go.

Jennin…it is all being done under color of law and color of debt even in judicial States. They are only giving the illusion of due process. You have my heartfelt sympathies on this and I wish you the best of luck.

@ stripes – while what I have read the past 2 years would have me in agreement with your last 2 posts – sadly the non-judicial state in which I live is slow to discover and admit this fiasco has occured – yet very, very quick to FC and evict…

Christine, you need to take better notes. My husband is not an attorney, nor have I ever claimed he was. As far as MS goes… like I said the cases and the accounting speak for themselves. Rather Simple actually, but beyond your scope of 4 languages.

Glad you mentioned HAMP and how that would lead to more questions. I did end up getting a HAMP mod- one that is eligible for forgiveness of defered principal balance provided I am not in default.

I have been trying to follow the monthly distribution reports for the trust – to see how they list my info on it. The month after my mod was final my 1st loan appeared on the “Realized Loss Loan Detail Report-Loans with Losses during Current Period” page. On this report the amount shown as the “Liquidated or Ending Actual Balance” matches the “Interest Bearing Principal Balance” amount of my mod. The amount shown listed as “Realized Loss” – matches the “defered principal balance amount”.

If it turns out inthe future that the loans are never transfered into the trust as required in the PSA – then how can the servicer approve an loan mod? The current servicer was not in the picture back when the trust was made/we got our “loans”.

The collateral is Securitized to us at the Origination upon the direct deposit into the escrow account set up by the TITLE COMPANY AGENT of the U.S. TREASURY DEPARTMENT for the issuing bank to receive a direct deposit of U.S. Taxpayer money into that account. It is not a trust, it is a front operation for the disbursement of U.S. TAXPAYER FUNDS. We are the holders of the Securities and that is what they are all hiding. The proof is in the property deed you received from the Treasury Department after the Issuer made an illegal transfer of your title without your knowledge or consent. “Someone” issued a new PIN # as well to hide the ORIGINATION FRAUD and ALTERED THE ORIGINAL DEED.

You profess to be an attorney’s wife and you vouch for I-don’t-have-a-case-to-show-for-my-pretense MS? Serious defense attorneys have NEVER heard of him. Gardner, Barnes, Weidner, Stopa, Hewitt, Doucet, none of them ever heard of him. Your husband never used him, right? Actually, your husband isn’t a foreclosure defense attorney.

Are you done intentionally misleading or are you one of those frustrated women living life on this blog? Are you on MS take?

What a basket full of self-centered crabs! This country is still done. And I’m still watching it deflating…

poppy – I shouldn’t have said that. All I really meant was that, following NG;s thinking – not to misquote, if the original paperwork doesn’t reflect the true payee or a proper nominee (passes legal muster as a nominee payee), I don’t think the collateral instrument is perfected.

I meant Christine is the only nervous shitter here… the kindle likes to alter the script without your knowledge or consent just like the banks did with the mortgages. Damned commies love to steal our liberties. Screw them.

Here’s what they will tell you because I asked the servicer PHH MORTGAGE if I am denied an “in-house” loan mod what then? They said “We want you to sell your house.”….that sent a cold chill up my back. I have not contacted them since because that told me who I was dealing with….Satans direct line.

Was the real purpose of the cdswaps to handle liability if the issuers got nailed for misrepresentation, that is, because these securities ARE mortgage backed, but that fact will and can do them no good for their inability as passive trusts to enforce them? And then quite a coup if they didn’t get nailed? We can chalk it up to greed, I know, but I still wonder. Courts want to rule in favor of equity? Here’s some: find some law which says the investors must be made whole to the extent of the payouts gotten by the banksters, which I think is what NG is saying in his post today (as before), and which payouts will also benefit homeowners. Equity is a sticky wicket, but even as such, it should be applied consistantly. If we’re not supposed to get free homes as an equitable matter, than another class, banksters, can’t equitably benefit, either, from a piece of doo-doobage securities contract. Here I’m talking about perception, the place from which some courts stand and start when hearing cases, because I couldn’t support abandoning law. Courts and some others don’t want to take money away from major players, even bad players, when the dollar is weakening day by day. Choices. There is either law or there isn’t: who are we? A sudden availability of cash to the populace could lead to another short-term false economy. Tough, long and short, and without dissertation. We could restore the rule of law to a country whose morale is dangling perilously on an ugly precipice (another word I had to look up – let’s hear it for spell-check!) The whole of capitalism is a legal ponzi-scheme, in effect: there’s nothing at the top if the little guys at the bottom aren’t generating anything.
As to us and the investors, could we split the difference somehow?
(That is, those of us who wouldn’t line up behind the trusts’ inability to enforce the notes and dots). Isn’t that what we have wanted all along? I might not support splitting anything, not one thing, if I ever learned for a fact that what i said is true, that the trusts have no power to enforce the notes and deeds of trusts, because if that’s true, they either know it or the guys in charge are criminally stupid. And if it’s true, at least some of the agencies and the people we elect know it , too. I’m of a mind today that this is what is behind the MERS Consent Order, or at least had some bearing on that Order.

But then, isn’t that what HAMP and HARP and so on were meant to do, but with taxpayer funds? Well, it isn’t happening, is it? If 1) the banksters still have interest in the loans or 2) the banksters are
liable by contract or law or whatever the heck for the payments to
the investors, HAMP and HARP were designed not necessarily to benefit homeowners, but to further support the banksters by
reducing their liability. The investors would still have to be paid, but partly with govenment gimme-funds. Boy would that tork me if I knew it for a fact. Well, if the homeowner actually receives some value, and not a 200k balloon payment at the end of 40 years, maybe not all bad.

As to the GSE guaranteed loans, HAMP and HARP are just moving financial loss from the GSE’s elsewhere, mol. Let’s see…..the GSE’s have to make payments and then may repurchase to end the payment guarantee (which would include interest, lots of interest). If FNMA, for instance, repurchases a loan for 400k and then that loan is modified, FNMA still gets 400k, only part of it is from the borrower by way of the modification and another part is out of the HAMP or HARP funds.

Oh, wait a minute. that’s not so. FNMA, to the best of my knowledge, mandates that a servicer (someone) repurchase any loan to be modified, but they have to use that net present value formula I’ve encouraged people wanting modification to learn. i don’t understand the NPV deal, so can’t speak to it.. Wish someone would get a handle on it. I suppose the reason the svcr has to repurchase to modify a loan is because it was the servicers who got the HAMP etc gimme funds, not the GSE’s.
I see I’ve rambled a tad here but am leaving it as is. Maybe it will inspire some more thinking and comments on the issues from those of us here actually interested in these issues.

Christine, I suspect if MS felt a need to .. MS would post it. Not everyone needs recognition for their good deeds. I have personally learned valuable information. I had a lot of unanswered questions about the escrow accounts, and I knew it had to do with duel tracking because of all the inconsistency in the records I have. The information provided explained everything to me. It also brought to light information I had and could not explain before doing my homework… OMG!

Who in the hell is Christine? It won’t say because that is the utter arrogance of the red dragon of communism/the beast of revelation. It is very bold right now because it knows its time is short to take over the world. It won’t reveal its identity but it won’t hide it either.

Busy body< hmmm? It would appear you have your nose in anything and everything making comments and insults to people who are not talking to you either. And for the record; many of us don't like your snide comments…you are not by any stretch better than, smarter than or versed any better in this, than any one of us. So why don't you attempt to act like a lady…and knock the insults off? If you had any class you might think it was beneath one, to behave the way you do. No respect!

The trust my loans are claimed to be collateral for -Wells Fargo is the Master Servicer. I have found the information online and have found my loan numbers. My 2nd was “charged off” per my new servicer on 4/2010.

When I look at the report for April 2010 I see my loan # on the Realized Loss Loan Detail Report and later in Historical Modification Detail part of the same report for the 2nd loan it shows “Loan Paid in Full” for Current Values. I have printed a copy of this.

QUESTION =Is this normal when a loan is charged off to list it on the Securities Administration Services Distribution report as “Loan Paid in Full”???

The current servicer stated in a letter to me “that on April 2 2010 the loan was charged off by Litton (previous servicer). A charge off is a portion of principal and interest due on the loan that is written off when deemed uncollectable. However you are still liable for the repayment fo the debt.”

So – does loan “paid in full” on a distribution report really mean the borrower is still liable for the repayment of the debt? If so, then to whom??? The investors?

Credit Suisse was the Lead Underwritter – CS Securities for the trust my loans are claimed to be collateral for.

While all of these so called scandals are being exposed one after the other, the biggest scandal in U.S. History continues unabated….The hijacking and robbery of our Treasury by these Communist imposters.

FED Bullard says “low inflation” may mean more stimulus (robbery & looting) may be needed and may warrant longer QE.

The media are the scum of the earth for covering this ongoing robbery & looting of our Treasury up for these communist imposters.

Why did FNMA guarantee payments to the trusts? Why did FNMA promise to make payments, regardless if the borrower did or not, and then repurchase the loan from the trusts when the borrower is four months delinquent (to end its monthly guarantee)? Is it because FNMA is charitable? Or is it because what I’ve said is true – that the trusts as passive trusts have no way to enforce the notes and deeds of trust? Until someone identifies a reason besides charity, the two dollars I have left is on “the trusts can’t enforce the notes and deeds of trust”. And anyone alleging to do so by agency or POA on their behalf is the same no-can-do thing. imo.

If the trusts can’t factually enforce notes and dot’s (any they actually got, that is) then the loans which didn’t go thru a GSE are either similarly guaranteed (or the banksters are ‘somehow’ obligated) – OR – the investors have truly been scammed: they bought secured nothing. The notes are securitized, alright (not even a real fact in evidence, actually), by deeds of trust. But what is the value of that if you may actually only rely on people making their house payments? None. They’re SO,L except to try to argue fraud and misrepresentation in the inducement against the securities issuers.

Clearly the GSE’s guarantee payment. What about all the other loans which didn’t go thru GSE’s, like the garbage sub-primes and seconds
used to lend borrowers 100% and more? Are the trusts with the real stinkers in it factually out of luck, and that’s why they sue on “poor quality” and lying agency ratings? (Un)holy cow!

Well, given your vast expertise in this area, I am appreciative. I truly need help understanding the “venom” and “angst” here…thought all the players here were interested in rights, like the First Amendment. I’m sure you can point me in the right direction…

OMG: have to comment. The specimens…hmmm, people who have their own opinions, ideas and RIGHT to do what they do?

Who has the issue if one cannot move away from all this aggravation and continually insult anyone not in agreement with them?

Gotta graduate high school and get an undergraduate degree first…and I’m not certain a psychology degree would solve the problem…just me. In psychology, when someone is annoying you to a point where you cannot control YOUR emotions, it is your button…not their problem.

@debbiec – what you mention is very troubling. I suppose you want to keep your anonymity, but I’d sure like to see that alleged resolution.
I can make some inferences, as you have, from what you’ve said, but stlll like to see it. You can email it if you would -or- black out your name, etc. and post at scribd (?) and link it. Or, black out whatever and email it to me at johngault764@yahoo.com. I’d sure appreciate it.

I live in the Land of Lincoln not NC. I think you are being a bit condescending to ass-ume I would engage in any such behavior. I don’t work for this regime. My loyalties are to my family and the U.S. Constitution.

As far as writing a thesis on this blog, may I suggest the title…How The First Amendment Saved The U.S.A From Totalitarianism.

I was thinking about getting a degree in psychology just by writing a thesis on the specimens blogging here that Gawd is reconsidering as we speak. You know, skip the classes altogether and simply go for the thesis.

Know what? I’d get that PhD with two fingers up my nose… Might even do it, just to prove it.

@hman – you ask the same question I asked in regard to I think it was that same bk. Nationstar bought the servicing portfolio as i recall and Warren Buffet’s new co. bought the loan portfolio, again as I recall. WHAT loan portfolio (if the loans were sold to the trust(s)? There may have been some stragglers which ALLy and its subsidiaries held onto for whatever reason(s), but we’re talking billions here. Billions. Buffet’s co. got them for what looked like pennies on the dollar AND free of encumberance. What encumberance would that be? The only thing I thought of, and I’ve commented on this before, is the primary obligation owed to the secn investors by way of the secured interests they had by way of paying for the loans. Or the right to payment or whatever the heck. Big challenge….it would take someone like me and maybe you a long time to wade thru what has to be waded thru to understand what happened in that bk in order to give real expression to it. Got me how Deutsche got in the act. They may have been one
of the alleged intermediaries in the deal and that’s as far as the loan got._Or, the banksters play roulette with loans and divvy them up.

MS has been swearing up and down to no end to knowing the truth and to having testified to it in court. All we want is the evidence that he has testified and cases have been won thanks to it. Nothing to subpoena here: all he has to do is give the case name. We can all look it up in Justia.

There is an expression I love about big mouths: they want to fart higher than their butt. How accurate…

And apparently, science without conscience has managed to clone the imbecile breeder. We now have two dipsticks drooling the same CNN/CBS/MSNBC/TV crap. Not that either one will take action, mind you. They come here to congratulate each other on their respective imbecility and sit on their butt, typing all day long what TV feeds them.

Gawd have mercy…

What a great country. Freedom of speech is grossly overrated. And wasted on morons without one ounce of discernment.

That is what they are hiding. First they came for the Presidency when they assassinated J.F.K….now they are here to steal it all from us. It is a secret bay of pigs invasion by Brezezinski/the Rothschilds. They have hijacked our Treasury and our judiciary under the guise of fictitious debt…….9/11……it is the 11th Amendment vs the 9th Amendment. They have stolen $60.4 trillion dollars of our wealth since 2008 reported CNBC under false pretenses.

MERS’ (read member) assignments all purport to assign the notes,as well, which is bunk. Nothing new there, right? BUT, a CA judge who usually holds a hard line in favor of the banksters -imo- recently denied the banksters’ mtd. The homeowner pointed out that mers’ procedures say the note is still transferred by negotiation, not by assignment. A simple little thing like that seems to have swayed the court. There was more to it, but it appears this was not lost on the court……Please don’t ask for the case, because I can’t tell just now!

“If you need a Good Expert Witness … I Highly Recommend the Master Servicer!”

For those of us who’ve been coming here for a few years, we have never, ever gotten one simple question answered by M.S. (that would be… Maher Soliman… aka Master Servicer): which case(s) have been won because of your testimony? Better yet: have you ever testified in ONE case (and it would be public record if testimony took place).

I am in the middle of writing another FDCPA letter to my loan servicer (Nationstar) disputing the debt. In previous communication Nationstar identified “Deutsche” as the owner. They never say who the “lender” is.

Recent ResCap (Ally) bankruptcy proceedings identify my trust as part of the list of assests by Ally. GMAC/Ally was the depositor for my trust. Wouldn’t this mean that the note wasn’t assigned to the trust? Why would the depositor have the trust listed as an asset years after the closing date if the loan was assigned to the trust? Does this make sense to anyone?

I am including a copy of this in my letter stating Deutsche is not and can not be the owner but would appreciate any other thoughts or insight.

It will be virtually impossible for the trustees to get validation from the beneficiaries. The beneficiaries are the investors, and investors are always changing…some buying, some selling their certificates. Also, the PSAs seem to require a supermajority of investors to make changes, and the banks have been arguing, I seem to recall, that each tranche requires a supermajority of investors to make changes to that tranche. Then once they purport to have approval, the investors are fair game for discovery and depositions.

Bank submitted phony assignment in my case (signed by one of their employees, not the originating bank). Brought that to the attention of court and I want to depose this “signor”. Now the bank submitted a alleged “Unanimous Consent of the Board of Directors” allowing the originating bank to give authority for employees of banks to whom the originator sold loans to – to empower them to sign on the originator’s behalf. They think we are stupid.
The “Unanimous Consent of the Board of Directors” alleged resolution IS NOT SIGNED BY A SINGLE DIRECTOR. The only signature on the form is a Patrick **** who is a vice-president of the originating bank giving himself authority to assign employees to sign allonges/assignments, etc.!
If the court “believes” this satisfies the assignment issue, then my argument will be: That means Your Honor, that any vice president of any bank can type up a resolution – thereby giving himself a $100,000 raise each year without the signature of all or any Directors, right?

thanks Stripes. Two FBI agents came to my apartment in Florida from one of my many mailings to lots of regulatory agencys about the foreclosure fraud.

Most everyone I wrote to received one of my little paintings with my letter whether they wanted it to not. Forgot to mention it before I did Rush Street.,Near North, Mich Boul Old Town festival. in Chicago and that was the first and onlly time I saw a civilian with a gun.

I was at the front of the line for these fraudulent foreclosures, maybe the FBI is more into it now. If at first you don’t succeed…….

NG – has anyone every truly argued the law prohibiting double recovery? Has anyone every truly argued in favor of due process? (no one may ever be separated from his property without due process).
What is due process? Anyone ever put a face on it for courts, has anyone every truly identified due process to argue it? Has anyone ever truly argued that banksters are or may be primarily obligated on securities? Has anyone ever argued about false numbers when FNMA’s (for instance) guaranteed payments are not credited to the loan balance? Has anyone ever argued that if a homeowner ends up with a “free” house as the result of someone else’s poor business plan and or misdeeds, then so be it? Too afraid of the court’s reaction to a free house? Why? Anyone ever truly argued the law which says he who causes a loss must bear it? If a homeowner ends up with a free house, chances are someone else in the act has a cause of action against another party and can seek remedy against that party. WE AREN’T SHORT-CUTS.

I’ve said many times there is no such thing as an equitable assgt of a dot. Even if there were, the proper forum for such a contest is, must be, one between the guy who can make the assgt and the guy who wants it, not in a contest between the guy who wants it and a third party, the homeowner. In the latter, the court lacks jurisdiction. period.
A court may not determine the rights of the guy who can make the assignment in his absence. As long as I continue to comment here, looks like i’m going to keep at this, so dangerous do I see courts finding a dot follows a note. There’s a statute of frauds for a reason and it’s a damn good one.

Your post today (what I’ve read so far) for me brought to bear just how and who is showing the real disrespect and contempt for courts: It’s the banksters. I read a lot of cases, not so much as in years gone by, but still. The other day when I was reading some dribble from a bankster’s attorney, I found myself wondering how those people do what they do. These people aren’t all stupid. They have to know what they’re doing, and what they’re doing is willfully trying to hustle a court with misdirection, red herrings, untruths, and sometimes even actual miscites of case law. Most of them are in “the club” and they are the recipients of routine missives, the singular goal of which is to show them how to game the courts and their opposition by twisting facts and formulas and i dare say plain lie.

The other people showing disrespect and contempt for the law are (some) judges, although some of that is unwitting. Unwitting, but still
dead wrong.
I still remember that judge, one i had previously admired, telling a homeowner “you’re not getting a free house!” Why not? Where is this written? Equity, as i opine, is a last resort and then, only for those with clean hands. If a contract can’t resolve a dispute, courts can look to equity, but courts have to follow the law first. If following the law finds there is no contract or the one which exists can’t be enforced, that’s the ruling which has to follow.
Courts are fact-finders. Their duty is not to sit up there and ignore facts instead,, and its not their duty to grant motions to dismiss or ones for summary judgment without allowing one party the due process right to prove his claim, particularly when courts know any necessary evidence is likely in the sole possession and control of the other guy, and further when, unless a judge lives under a mushroom, she knows
the likelihood that such evidence in fact exists. And that’s not prejudicial to one group. It’s a reality they brought on themselves.
Some days I’m surprised we’re not all nuts. I know we’re oppressed
by the banksters and some courts alike. Hope you’re right, NG. Hope the worm is turning.

They have no more than 90 days from the closing of the trust to create the Security and 30 days to record the legal lien in the county where said real estate is situated.

We were all lead to believe in the “rush to securitize” they forgot to perfect the legal lien by recording the Security. Not only is that a load of b.s., the law requires it. It is a mass joinder coverup by all of the investors in the fraud to (1) steal everything from us; (2.) Not have to pay for their crimes against us and make us pay for their fraud.

This coverup goes to the highest office in the land. How do we know this? Because Obama said what they did was not necessarily criminal, just reckless. Well, Obama lied and if he can lie about that, he will lie about anything & everything. .

Stripes
Talking of Void ab initio and Voidable, because the foreclousure
judgments on my two condos are void ab initio I wonder what you might have read about the true title owner breaking the locks and going in.(the people living there only have fraudulent deeds.)

Only an Imposter to our Constitutional Republic would want to deny someone their First Amendment rights or deny anyone any of their legal rights afforded them under the U.S. Constitution/Bill of Rights. The communists are openly and boldly proclaiming their disgust for our freedoms right in our faces. Scumbags!

Where is the proof the debt exists…? It is fictitious unless the plaintiff comes up with a Trustees Receipt from way back at the Original Purchase of our properties. Otherwise this party is a third party; afictitious payee not before the court and not amenable to service of process AKA AN IMPOSTER…A FRAUD….A FELON….A STRANGER TO THE MORTGAGE.

You really wish I didn’t get it KC…BOTTOM LINE….The felons/traitors should have been held to account and I am talking about the Politicians, not the banks. The banks aren’t following Hitler’s consent orders because they know loan mods are fraud and the politicians are just trying to save the investors, themselves. Pay us back you crooks..!

We all know that Stripes … and their treasonous acts were covered when they were swept under the rug. When were the past trespasses forgiven? Were they given permission to trespass after the consent orders? I don’t think so! Go back and re-read what Neil and I have posted today…. if you still don’t get it and what you are supposed to do … Not my problem.

Bottom line, the banksters hijacked our Securities and were Racketeering to gain unjust enrichment with our Securities without our knowledge or consent. They were committing Securities Fraud with our Securities and this fraud began in 1982, years before the repeal of Glass Steagall. Glass-Steagall did not stop them from Racketeering with our Securities or destroying the value of our properties. We are underwater my ass…these property values were fraudulently inflated to keep the ponzi scheme going.

The law is clear upon presentment of a claim the plaintiff must prove status of holder of the instrument; 3-301; 3-309.

Not just that but, Presenting no legal claim at the onset is criminal…they are Subjorning Perjury and many more felonies.

They were Negligent in exercising ordinary care in the paying or taking of the instrument for value or collection and what the law says about that does not bode well for them:

3-404 (d.) states, with respect to an instrument to which subsection (a.) or (b.) applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing from the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.

Yes.. they can refile again if they can support their claims. State by State the Statute if Limitations runs. Res Judicata Not An Attorney… they hide me in the dark. Because I think out loud. Duct Tape is Not a Fix It All!

A cut off date for assignments? The cut off date is at the onset of their fc suits. The law requires proof of claim be entered at the onset. Any law like ILLINOIS MORTGAGE FORECLOSURE LAW that works to severely weaken the power of the people by ignoring the rule of law is criminal by its deception and is a fraud upon the court and an act of treason IMHO.

Generally the owner of the property will pay for a QT action. However, if an owner of property finds there is a title defect some time after their purchase, such as when a title examination is performed for a refinance or sale, the owner may go back to the attorney who certified the title or to a title insurance company to recover the cost. It depends on the details.

Oh… I almost forgot two important things! Deny It .. upon RECIPT of the mail fraud, show your proof and follow up with two words of advise …RISKY BUSINESS! If a preservation bully shows up .. file a report and have them charged with Trespass. Sometimes I talk to much and sometime I think out loud….. 🙂

Neil, I followed your site this many years because you seemed to be the only party with a reasonable solution .. divide the losses equally by thirds. But the money grubbers wanted more fees to fix the problems they created for the homeowners, investors and the taxpayers. A word for the wise … last ditch efforts include claiming they paid the taxes/ins and saying they are out $17,000 to bring standing to file a claim against the deed in a state action. I hope you kept good records …. those all important receipts, payment of taxes and proof of ins. And of course upkeep and inhabited… wouldn’t want the city on your case no more than the state. 🙂 Many Blessing to All!